BILL ANALYSIS �
SB 56
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Date of Hearing: August 17, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 56 (Corbett) - As Amended: June 20, 2011
Policy Committee: Labor and
Employment Vote: 4-2
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill makes the following changes related to the approval of
apprenticeship programs in the building and trade industry:
1)Eliminates the requirement in existing law that the Division
of Apprenticeship Standards (DAS) randomly audit all approved
apprenticeship programs during each five-year period, and
replaces it with more targeted auditing requirements focusing
on new or newly expanded programs, as well as programs low
graduation rates or prior meritorious complaints.
2)Requires new or expanding programs to submit a written plan
along with application to DAS with the following information:
a) Projected enrollment over the next five years, including
information on obtaining adequate facilities.
b) Timetable to obtain sufficient commitments from
employers to employ the new apprentices, as specified.
c) Recruitment strategy that includes outreach to women and
underrepresented minorities.
3)Prohibits DAS from approving an application that fails to meet
the above requirements. Further specifies if an application
is disapproved, DAS has 90 days to provide the applicant with
a detailed explanation of the deficiencies in the application
and recommendations to address these issues, as specified.
4)Requires programs to provide each apprentice, on at least a
semiannual basis, information related to hours of training and
instruction completed, the number of hours required for
graduation, and the apprentice's expected graduation date.
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5)Requires programs to report apprentice registration, change of
address, graduation, and termination data to DAS on a monthly
basis in an electronic format.
FISCAL EFFECT
Minor, absorbable costs to DAS to implement this bill. DAS is
currently required to monitor apprenticeship programs; this
bill, however, will lead to DAS prioritizing monitoring, which
will not have a significant fiscal impact on DAS.
COMMENTS
1)Background . DAS, within the DIR, is responsible for
administering California apprenticeship law and enforcing
apprenticeship standards for wages, hours, working conditions
and the specific skills required for state certification as a
journeyperson in an apprenticeable occupation. Current law
requires DAS to audit apprenticeship programs every five years
to ensure state standards are being met and that apprentices
are being safely and appropriately trained.
According to the department's 2009 annual apprentice program
report, there are 61,736 apprentices registered in over 680
programs recognized by DAS. Minorities numbered 32,305, which
equals 52.3% of all apprentices. Active women apprentices
numbered 4,411, equal to 7.1% of all active apprentices.
The 2009 annual report also states: "DAS consultants work
proactively with program sponsors to assist those programs
with low completion rates or difficulty in achieving equal
opportunity goals. During the past reporting period, DAS took
one formal action in which an apprentice was cancelled and the
�program] administrator disagreed with the decision.
2)Rationale . The bill is intended to strengthen oversight of
apprenticeship programs. The author and sponsor of the bill
believe the bill will streamline and target the auditing
procedures, going after the new programs and the poorly
performing programs, rather than auditing everyone over a
five-year period.
3)Previous legislation . This bill is similar to SB 1397
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(Corbett) of 2010, which was vetoed by Governor Schwarzenegger
with the following message:
"Similar to previous measures I have vetoed, this measure
imposes new requirements on new or expanding programs without
subjecting existing programs to the same level of scrutiny.
Finally, this measure fails to address the impacts of the
so-called "needs test" that prevents new apprenticeship
programs from being approved if a similar program already
exists in the same geographic area."
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081